BILL NUMBER: SB 513 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Hancock
FEBRUARY 21, 2013
An act to amend Section 65470 of add
Section 851.87 to the Government Penal
Code, relating to local development
diversion programs .
LEGISLATIVE COUNSEL'S DIGEST
SB 513, as amended, Hancock. Local development.
Diversion programs: sealed records.
Existing law authorizes a city or a county to participate
in the Transit Priority Project Program by adopting an ordinance to
that effect and forming an infrastructure finance district. Existing
law requires a development project located within a district that
participates in the program to meet certain requirements, including
the requirement that the project provides 20% affordable units in
rental or owner-occupied housing for low- or moderate-income persons
and families, or pays a fee in an amount equivalent to the cost to
provide affordable units elsewhere within the city's or county's
jurisdiction, as determined by the city or county.
provides that, upon successful completion of a drug diversion program
or deferred entry of judgment program, the court may
order the sealing of court and arrest records of the diverted charges
where the interests of justice would be served, as specified.
This bill would revise that percentage requirement to
10%. provide that in any case where a person is
arrested and successfully completes a diversion program administered
by a prosecut ing attorney in lieu of filing an accusatory
pleading, the person may petition the superior court that would have
had jurisdiction over the matter for an order to seal the records of
the arresting agency and related court files and records, and the
court may issue that order if the court finds that doing so will be
in furtherance of justice. The bill would provide that the Department
of Justice shall continue to be able to maintain and
disseminate any records or documents received or maintained by it, as
authorized by law.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
in order to allow a person who has been arrested and who
successfully completes a diversion program administered by a
prosecuting attorney in lieu of filing an accusatory pleading to
become a law abiding and productive member of society, the records of
the arresting agency and related court files and records shall be
sealed.
SEC. 2. Section 851.87 is added to the
Penal Code , to read:
851.87. (a) (1) In any case where a person is arrested and
successfully completes a diversion program administered by a
prosecuting attorney in lieu of filing an accusatory pleading, the
person may, two years after successful completion of the diversion
program as determined by the prosecuting attorney, petition the
superior court that would have had jurisdiction over the matter to
issue an order to seal the records of the arresting agency and
related court files and records, and the court may order those
records sealed if the court finds that doing so will be in
furtherance of justice. A copy of the petition shall be served on the
law enforcement agency and the prosecuting attorney of the county or
city having jurisdiction over the offense at least 10 days prior to
the hearing. The prosecuting attorney and the law enforcement agency,
through the prosecuting attorney, may present evidence to the court
at the hearing.
(2) If the order is made, the clerk of the court shall thereafter
not allow access to any records concerning the case, including the
court file, index, register of actions, or other similar records.
(3) If the order is made, the court shall give a copy of the order
to the person and inform the person that he or she may thereafter
state that he or she was not arrested for the charge.
(4) The person may, except as specified in subdivisions (b), (c),
and (d), indicate in response to any question concerning the person's
prior criminal record that the person was not arrested.
(5) Subject to subdivisions (b), (c), and (d), a record pertaining
to the arrest shall not, without the person's permission, be used in
any way that could result in the denial of any employment, benefit,
or certificate.
(6) A sealing order made pursuant to this subdivision shall not be
forwarded to the Department of Justice to be included or notated in
the department's manual or electronic fingerprint image or criminal
history record systems. Any sealing order made pursuant to this
subdivision and received by the Department of Justice need not be
processed by the department.
(b) The person shall be advised that, regardless of the person's
successful completion of the diversion program, the arrest shall be
disclosed by the Department of Justice in response to any peace
officer application request, and that, notwithstanding subdivision
(a), this section does not relieve the person of the obligation to
disclose the arrest in response to any direct question contained in
any questionnaire or application for a position as a peace officer,
as defined in Section 830.
(c) The person shall be advised that, regardless of the person's
successful completion of the diversion program, the arrest shall be
disclosed by the Department of Justice or the court in which the
matter was heard in response to any subsequent inquiry by the
district attorney, court, probation department, or counsel for the
person concerning the person's eligibility for any diversion program
administered by a prosecuting attorney in the future.
(d) A sealing order made pursuant to this section shall not apply
to any record or document received or maintained by the Department of
Justice. Upon issuing the sealing order, the court shall advise the
person that, notwithstanding the issuance of a sealing order pursuant
to this section, the Department of Justice shall continue to be able
to maintain and disseminate any records or documents received or
maintained by the department, as authorized by law.
SECTION 1. Section 65470 of the Government Code
is amended to read:
65470. (a) (1) It is the intent of the Legislature to provide a
process for cities and counties to create development patterns in the
form of transit priority projects that comply with Chapter 4.2
(commencing with Section 21155) of Division 13 of the Public
Resources Code, create jobs, reduce vehicle miles traveled, expand
the availability of accessible open-space, build the density needed
for transit viability, and meet regional housing targets.
(2) It is the intent of the Legislature that, when implemented, a
Transit Priority Project Program will help a development project in
meeting the standards for expedited review under paragraph (2) of
subdivision (a) of Section 65950.
(b) (1) A city or county may participate in the Transit Priority
Project Program by adopting an ordinance indicating its intent to
participate in the program and by forming an infrastructure financing
district pursuant to Article 1 (commencing with Section 53395) of
Chapter 2.8 of Part 1 of Title 5.
(2) Nothing in this article shall be construed to add to the
definitions of or to the requirements to implement Chapter 4.2
(commencing with Section 21155) of Division 13 of the Public
Resources Code.
(c) If a city or county elects to participate in the program by
adopting the ordinance described in subdivision (b) and forms an
infrastructure financing district, the city or county shall amend, if
necessary, the general plan and any related specific plan to
authorize participating developers to build at an increased height of
a minimum of three stories within the boundaries of the
infrastructure financing district created pursuant to subdivision
(b).
(d) A Transit Priority Project Program development project shall
meet all of the following requirements:
(1) Is located in a designated transit priority project and within
one-half of one mile of a transit station, pursuant to Section 21155
of the Public Resources Code.
(2) Is located within a zone in which buildings of three stories
or more are authorized.
(3) Meets State Air Resources Board land use guidelines with
respect to distance from major emitters.
(4) Provides onsite bicycle parking.
(5) Provides for car sharing if a car sharing program is available
in the city or county. The car sharing area may be onsite, or the
developer may pay a fee to the city or county to cover the cost of
providing for car sharing at an offsite location near the project.
The developer shall provide one car share for the first 20 units and
one car share for every 50 units thereafter.
(6) Provides unbundled parking.
(7) Provides to all units transit passes for 10 years as part of
the rent or condo fees if transit passes are available from local
providers.
(8) Provides to tenants recycling for bottles, cans, paper, and
plastic containers.
(9) Provides open space onsite, including, but not limited to,
accessible roof gardens, or pays a fee into a fund established for
local open space. The fee shall not exceed 10 cents ($0.10) per
square foot.
(10) Provides 10 percent affordable units in rental or owner
occupied housing for low- or moderate-income persons and families, or
pays a fee in an amount equivalent to the cost to provide affordable
units elsewhere within the city's or county's jurisdiction, as
determined by the city or county. The developer shall require, by
covenants or restrictions, that the housing units built pursuant to
this paragraph shall remain available at affordable housing cost to,
and occupied by, persons and families of low- or moderate-income
households for the longest feasible time, but for not less than 55
years for rental units and 45 years for owner-occupied units.
(11) Pays prevailing wages to construction workers for residential
projects over 100 units pursuant to Sections 1770, 1773, and 1773.1
of the Labor Code.
(12) For purposes of this subdivision, "unbundled parking" means
renting a parking space for the residential units separately from the
residential units, or pays a fee to the appropriate local transit
management fund to cover one-half of the cost to provide a parking
space.
(e) (1) A development project that meets the criteria established
in subdivision (d) shall comply with any local design guidelines that
were adopted prior to the submission of the project application.
(2) The infrastructure financing district formed pursuant to
subdivision (b) may reimburse a developer of a project that is
consistent with the requirements established in subdivision (d) for
any permit costs, or costs associated with the construction of the
affordable housing units required pursuant to paragraph (10) of
subdivision (d).
(f) This article shall not apply to a city or county that has
adopted language in its charter or by ordinance or resolution that
does either of the following:
(1) Provides that the requirements of Chapter 1 (commencing with
Section 1720) of Part 7 of Division 2 of the Labor Code do not apply
to some or all work awarded or funded by the city or county that
would otherwise be subject to those requirements.
(2) Prohibits a contractor, subcontractor, or other person or firm
engaged in the construction, rehabilitation, alteration, conversion,
extension, maintenance, repair, or improvement of public works, from
executing or otherwise becoming a party to any prehire, collective
bargaining, or similar agreement entered into with one or more labor
organizations, employees, or employee representatives that
establishes the terms and conditions of employment on a construction
project, or the city or county from incorporating such an agreement
into the bid specifications or contract for a construction project,
or the governing body of the city or county from deciding that the
city or county should enter into such an agreement for a particular
construction project or projects.